Daviess County - Indiana Criminal Code 2022

TRAFFIC CODE

87

(2) is a habitual traffic offender under this chapter and commits an offense involving the person’s operation of a motor vehicle, which offense causes serious bodily injury, catastrophic injury, or death; commits a Level 5 felony. (b) In addition to any criminal penalties imposed for a conviction of an offense described in subsection (a), if the new offense caused cata strophic injury or death, the bureau shall suspend the person driving privileges for the life of the per son. (c) A person who violates subsection (a)(2) commits a separate offense for each person whose bodily injury or death is caused by the violation of subsection (a)(2). (d) A court may order terms of imprisonment imposed on a person convicted of more than one (1) offense described in subsection (a)(2) to run consecutively. Consecutive terms of imprison ment imposed under this subsection are not sub ject to the sentencing restrictions set forth in IC 35-50-1-2(c) through IC 35-50-1-2(d). 9-30-10-18. Defense of extreme emergency. (a) In a criminal action brought under section 16 or 17 of this chapter, it is a defense that the oper ation of a motor vehicle was necessary to save life or limb in an extreme emergency. The defendant must bear the burden of proof by a preponderance of the evidence to establish this defense. (b) In an action brought under section 16 or 17 of this chapter, it is a defense that the defendant was operating a motor driven cycle, unless the defendant was operating the motor driven cycle in violation of IC 9-21-11-12. The defendant must bear the burden or proof by a preponderance of the evidence to establish this defense. 9-30-10-19. Applicability, specialized driving privileges, lifetime suspensions. (a) This section does not apply to a suspension or a forfeiture of driving privileges imposed under section 5(b)(2) or 17(b) of this chapter for an offense committed after June 30, 2015. (b) Aperson whose driving privileges are sus pended or forfeited for a determined period or for life under this chapter is eligible for special ized driving privileges under IC 9-30-16.

driving record to the prosecuting attorney described in subdivision (1). Upon receiving a certified copy under subdivision (2), the prosecuting attorney shall, in accordance with IC 35-38-1-15, petition the court to correct the court's order. If the bureau does not receive a corrected order within sixty (60) days of sending the petitioner's driving record to the prosecuting attorney described in subdivision (1), the bureau shall notify the attorney general, who shall, in accordance with IC 35-38-1-15, petition the court to correct the court's order within sixty (60) days of receiving notice from the bureau. (h) An order reinstating a petitioner's driving privileges is a final order that may be appealed by any party to the action. 9-30-10-16. Operating vehicle as HTV. (a) A person who operates a motor vehicle: (1) while the person's driving privileges are validly suspended under this chapter or IC 9-12-2 (repealed July 1, 1991) and the person knows that the person's driving privileges are suspended; or (2) in violation of restrictions imposed under this chapter or IC 9-12-2 (repealed July 1, 1991) and who knows of the exis tence of the restrictions; commits a Level 6 felony. (b) Service by the bureau of notice of the sus pension or restriction of a person's driving privi leges under subsection (a)(1) or (a)(2): (1) in compliance with section 5 of this chapter; and (2) by first class mail to the person at the last address shown for the person in the bureau’s records; establishes a rebuttable presumption that the per son knows that the person's driving privileges are suspended or restricted. 9-30-10-17. Operating vehicle after lifetime suspension. (a) A person who: (1) operates a motor vehicle after the per son’s driving privileges are forfeited for life under section 16 of this chapter, IC 9-4-13 14 (repealed April 1, 1984), or IC 9-12-3 1 (repealed July 1, 1991); or